Assembly Bill A1443

2023-2024 Legislative Session

Relates to decreasing the length of the suspension period applicable to certain striking workers who seek to obtain unemployment insurance benefits

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A1443 (ACTIVE) - Details

See Senate Version of this Bill:
S4402
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §592, Lab L
Versions Introduced in Other Legislative Sessions:
2019-2020: A6592, S4573
2021-2022: A9540, S8130

2023-A1443 (ACTIVE) - Summary

Relates to decreasing the length of the suspension period applicable to certain individuals who lose their jobs due to a labor dispute, such as a strike, and who seek to obtain unemployment insurance benefits; decreases the suspension period from two consecutive weeks to one week; permits the waiting period to be served during a suspension period.

2023-A1443 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1443
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by M. of A. WALLACE -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the labor law, in relation to decreasing the  length  of
   the  suspension period applicable to certain striking workers who seek
   to obtain unemployment insurance benefits

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  1 and 3 of section 592 of the labor law, as
 amended by chapter 20 of the laws  of  2020,  are  amended  to  read  as
 follows:
   1. Industrial controversy. (a) The accumulation of benefit rights by a
 claimant  shall  be suspended during a period of [two consecutive weeks]
 ONE WEEK beginning with the day after such  claimant  lost  his  or  her
 employment  because  of  a strike or other industrial controversy except
 for lockouts, including concerted activity not authorized or  sanctioned
 by  the  recognized  or  certified bargaining agent of the claimant, and
 other concerted activity conducted in violation of any existing  collec-
 tive  bargaining  agreement, in the establishment in which he or she was
 employed, except that benefit rights may be accumulated before the expi-
 ration of such [two] ONE week period beginning with the day  after  such
 strike or other industrial controversy was terminated.
   (b) Benefits shall not be suspended under this section if:
   (i)  The employer hires a permanent replacement worker for the employ-
 ee's position. A replacement worker shall be presumed  to  be  permanent
 unless  the employer certifies in writing that the employee will be able
 to return to his or her prior position upon conclusion of the strike, in
 the event the strike terminates prior to the conclusion of  the  employ-
 ee's eligibility for benefit rights under this chapter. In the event the
 employer  does  not  permit  such  return  after such certification, the
 employee shall be entitled to recover any benefits lost as a  result  of
 the [two] ONE week suspension of benefits, and the department may impose
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01295-01-3
              

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